Hon’ble Manoj Kumar Gupta, J.—SCC Suit No. 128 of 1997 was instituted by the plaintiff-respondent against the petitioner for recovery of arrears of rent and for ejectment from a shop situated on the ground floor of building No. D 65/48 Lahartara, Varanasi, (hereinafter referred to as “the shop”). According to plaint case, building No. D 65/48 Lahartara, Varanasi belonged to one Kallan. He executed a registered will in favour of his wife Smt. Shivmurti Devi. The petitioner was a tenant in the shop on behalf of the Kallan. After death of Kallan, according to plaint case, the petitioner started paying rent to Shivmurti Devi. Shivmurti Devi is alleged to have executed an agreement in respect of northern portion of the building, which includes the demised premises, in favour of the plaintiff alongwith delivery of possession. Subsequently, in September, 1990 a sale-deed was also executed by Shivmurti Devi in favour of the plaintiff-respondent. It is alleged that since September, 1990 the petitioner had not paid rent to the plaintiff. Consequently, by means of a notice dated 21.7.1997, arrears of rent was demanded and the tenancy was terminated on expiry of period of 30 days. It w